Adjustment of Status for K1 Visa

The Adjustment of Status (AOS) process allows K-1 visa holders, who enter the United States as fiancés of U.S. citizens, to transition to lawful permanent residency (green card status). This step is essential to remain in the U.S. legally after marriage.

1. Eligibility for Adjustment of Status

1. Marriage Requirement:
   • K-1 visa holders must marry their U.S. citizen petitioner within 90 days of entering the country.
2. Good Faith Marriage:
   • The marriage must be genuine and not for immigration benefits. Evidence such as photos, joint bank accounts, or leases may be required.

2. Required Documentation

To apply for AOS, K-1 visa holders must submit the following to the U.S. Citizenship and Immigration Services (USCIS):

1. Form I-485:
   • Application to Register Permanent Residence or Adjust Status.
2. Form I-864:
   • Affidavit of Support completed by the U.S. citizen spouse, demonstrating financial ability to support the applicant.
3. Form I-693:
   • Medical Examination and Vaccination Record if not fully completed during the K-1 visa process.
4. Proof of Legal Entry:
   • Copies of the K-1 visa and I-94 Arrival/Departure Record.
5. Marriage Certificate:
   • Official proof of the marriage.
6. Biometrics Fee:
   • Includes the cost of fingerprints, photos, and signatures.

3. The AOS Process

1. Filing the Application:
   • Submit the complete application package to USCIS, including all required forms, supporting documents, and fees.
2. Biometrics Appointment:
   • USCIS will schedule an appointment for fingerprints and photos at an Application Support Center.
3. Interview:
   • Both spouses may need to attend an interview to verify the authenticity of the marriage and review documentation.
   • Be prepared to answer questions about the relationship, shared life, and future plans.
4. Employment Authorization and Travel Document:
   • K-1 visa holders can apply for Employment Authorization (Form I-765) and Advance Parole (Form I-131) while the AOS is pending.

4. Processing Time

• AOS applications typically take 8–14 months to process. Delays may occur due to USCIS workload, missing documents, or required additional evidence (RFEs).

5. Potential Challenges

1. Marriage Outside 90 Days:
   • Marrying after the 90-day window may complicate the AOS process and require additional justification.
2. Insufficient Evidence:
   • Failing to provide adequate proof of a genuine marriage may result in delays or denial.
3. K-2 Visa Holders:
   • Children of K-1 visa holders must also adjust status concurrently, providing evidence of their relationship and their parent’s compliance.

6. Benefits After Adjustment

• Upon approval, K-1 visa holders receive a conditional green card valid for 2 years.
• Before its expiration, they must file Form I-751 to remove conditions and obtain a 10-year green card.

Conclusion

Adjustment of Status for K-1 visa holders is a crucial step in transitioning from a temporary visa to permanent residency. By meeting eligibility requirements, providing thorough documentation, and adhering to deadlines, applicants can ensure a smooth and successful process. Legal advice may help navigate complexities and minimize potential delays.